Hong Kong Ordinances

LANDLORD AND TENANT (CONSOLIDATION) ORDINANCE - SECT 52A

Surrender by tenant

(1) Subject to subsection (2), a tenant or sub-tenant may agree to surrender a
tenancy or sub-tenancy continuing under section 52(1).

(2) An agreement mentioned in subsection (1) shall have no effect unless it
is-

   (a)  in the specified form;

   (b)  lodged with the Commissioner within 28 days of execution, with such
        fee as may be determined by the Financial Secretary; and (Amended 40
        of 1984 s. 18; 32 of 1985 s. 11)

   (c)  endorsed by the Commissioner under subsection (3).

(3) The Commissioner-

   (a)  shall satisfy himself that the tenant or sub-tenant-

        (i)    in entering into an agreement under subsection (1) understands
               the effect of that agreement; and

        (ii)   has not been subject to any undue pressure or influence;

   (b)  may make such inquiries as he thinks fit for the purposes of paragraph
        (a); and

   (c)  shall, if satisfied as to the matters mentioned in paragraph

   (a)  , endorse upon the agreement a certificate to the effect that he has
        approved it under this section. (Amended 32 of 1985 s. 11)

(4) The Commissioner shall not be obliged to be satisfied as to the
reasonableness of any consideration payable under an agreement mentioned in
this section. (Added 29 of 1983 s. 14)